Unemployment insurance aims to ensure risk sharing and ensure the benefits of unemployment insurance participants. Unemployment benefit is one of the unemployment insurance regimes. So, “If I can’t receive unemployment insurance anymore, where will my paid unemployment insurance money go?”. This is a question many workers ask. In this article, Pham Consult will help you answer this question!
WHAT IS UNEMPLOYMENT INSURANCE?
Unemployment insurance is a regime aimed at compensating a part of an employee’s income when he or she loses a job, supporting workers in vocational training, job maintenance, and job search on the basis of contributions to the Unemployment Insurance Fund. Unemployment insurance is very important for workers. It helps to reduce the burden as well as financial pressure when they have not found a job. It is the responsibility of the employee and the employer to participate in this type of insurance.
HOW IS THE TIME OF EMPLOYMENT SUPPLY BENEFITED BY LAW?
Pursuant to the provisions of Article 50 of the Employment Law 2013 as follows:
“Level, duration, and time of receiving unemployment benefits
- The monthly unemployment allowance is equal to 60% of the average monthly salary on which unemployment insurance premiums are based of the 6 preceding months before unemployment, but must not exceed 5 times the base salary for employees in the subject to the salary regime prescribed by the State or not exceeding 05 times the regional minimum salary as prescribed by the Labor Code for employees who pay unemployment insurance premiums according to the salary regime set by the employer. decided by the employee at the time of termination of the labor contract or working contract.
- The unemployment benefit period is calculated according to the number of months of paying unemployment insurance premiums, every full 12 months to full 36 months, they will be entitled to 03 months of unemployment benefits, after that, every additional 12 months will be paid for every full 12 months. receive an additional 01 month of unemployment allowance but not exceeding 12 months.
- The time to enjoy unemployment benefits is counted from the 16th day from the date of submitting a complete application for unemployment benefits as prescribed in Clause 1, Article 46 of this Law.”
According to this regulation, every full 12 months to 36 months, employees will be entitled to 03 months of unemployment benefits, after that, for every additional 12 months, they will be entitled to 01 more months of unemployment benefits but not exceeding 12 months. Therefore, if you have paid unemployment insurance for 10 years and 6 months, you will receive 10 months of unemployment insurance, the remaining odd months will be reserved for the next round of unemployment benefits.
HAS A DECISION TO RECEIVE ANNOUNCEMENT INSURANCE?
Pursuant to the provisions at Point d, Clause 1, Article 21 of Decree 28/2015/ND-CP, as amended by Clause 9 Article 1 of Decree 61/2020/ND-CP, the following provisions are made:
“Stop receiving unemployment benefits”
- The cases in which an employee currently receiving unemployment benefits is terminated from receiving unemployment benefits is prescribed as follows:
- d) Receive a monthly pension
The date on which the employee is determined to be entitled to pension is the first day of calculation of pension enjoyment stated in the social insurance agency’s document on the employee’s monthly pension enjoyment.”
Based on the above provisions, if you are receiving unemployment benefits but decide to receive pension, your unemployment benefits will be terminated. Therefore, in case you have received 5 months of unemployment insurance and the next month you receive the decision to receive pension, your unemployment benefit will be terminated.
IF YOU CAN’T RECEIVE UNEMPLOYMENT INSURANCE ANYMORE, WHERE WILL MY PAID UNEMPLOYMENT INSURANCE MONEY GO?
Pursuant to the provisions of Article 57 of the Employment Law 2013 as follows:
“Contribution level, source of formation and use of the Unemployment Insurance Fund
- Unemployment insurance premiums and responsibilities are prescribed as follows:
- a) Employees pay 1% of monthly salary;
- b) The employer pays 1% of the monthly salary fund of the employees participating in unemployment insurance;
- c) The State shall support up to 1% of the monthly salary fund on which unemployment insurance premiums are based for employees participating in unemployment insurance and guaranteed by the central budget.
- Sources of formation of the Unemployment Insurance Fund include:
- a) Payments and support as prescribed in Clause 1 of this Article;
- b) Profits from investment activities from the fund;
- c) Other lawful sources of income.
- The unemployment insurance fund is used as follows:
- a) Payment of unemployment benefits;
- b) Support in training, fostering and improving vocational skills to maintain jobs for employees;
- c) Vocational training support;
- d) Provide counseling and job placement support;
- dd) To pay health insurance premiums for unemployment benefits recipients;
- e) Unemployment insurance management expenses shall comply with the provisions of the Law on Social Insurance;
- g) Invest to preserve and grow the Fund.”
So, based on the above provisions, in case you are terminated from receiving unemployment benefits due to a decision on pension enjoyment, the unearned unemployment benefits will be deposited into the Unemployment Insurance Fund.
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